The Leahy-Smith America Invents Act of 2011 (“AIA”) was signed into law by President Obama on September 16, 2011. The first significant overhaul of the U.S. patent system in nearly 60 years, this new patent reform measure ushers in considerable changes in how companies and individuals may obtain and enforce patents in the United States. This is the sixth in a series of articles on the AIA (the earlier articles can be accessed here).

This article describes the new Transitional Program for Covered Business Method Patents (as set forth in § 18 of the AIA — herein referred to as the “Transitional Program”). The Transitional Program has an effective date of September 16, 2012, and is thus effective one year after enactment of the AIA. The AIA requires that the United States Patent and Trademark Office (USPTO) issue rules to review validity of covered business method patents prior to the effective date.